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WWW.MALTATODAY.COM.MT WEDNESDAY EDITION €1.00 Newspaper post WEDNESDAY • 10 FEBRUARY 2016 • ISSUE 455 • PUBLISHED EVERY WEDNESDAY AND SUNDAY Marco Gaffarena's lawyer argued that the call for the warrant was null and void as it was unclear whether Joseph Muscat was acting in his capacity as prime minister or a member of parliament CHRIS MANGION ATTORNEY General Peter Grech, together with lawyer Vic- toria Buttigieg, filed a warrant of prohibitory injunction yesterday, calling on the courts to ensure that the lands involved in a con- tentious expropriation case are not sold on to third parties during the course of the legal proceed- ings against developer Marco Gaffarena (right). The expropriation and circum- stances surrounding it led to the resignation of Lands Parliamen- tary Secretary Michael Falzon. Mr Justice J.R. Micallef provi- sionally upheld the Attorney Gen- eral's request but a final decision has to be taken by 21 February. Appearing on behalf of Marco Gaffarena, lawyer Keith Bonnici argued that Joseph Muscat could not file his case in his role of Prime Minister but as a Member of Parliament. "The fact that he filed as Prime Minister means he is acting on behalf of the government, how- ever the quoted law – Disposal of Government Property Act – clearly makes reference to MPs. The court has to be aware wheth- er Muscat is acting as a member of parliament, or as a prime min- ister. In view of this both the ac- tual case calling for the reversal of contracts and the call for the warrant are null and void", Bon- nici argued. PAGE 2 Court upholds prohibitory injunction against Gaffarena PN to propose radical changes in judiciary appointments MIRIAM DALLI THE Nationalist Party will be presenting a private mem- ber's bill later on this week on how appointments to the bench should be made. Delivering his comments following a ministerial state- ment delivered by justice minister Owen Bonnici, Op- position leader Simon Busuttil said the opposition would take matters in its own hands and present a private mem- ber's bill which would provide a more accountable manner about how judges and magistrates should be appointed. The PN's bill would follow recommendations made by the Bonello Commission and the Chamber of Advocates. The Bonello commission – appointed by the current government in 2013 – had proposed a public call and seri- ous scrutiny of applicants' competence by an independent authority before any appointments to the judges' bench. "I hope that the minister supports our motion," Busut- til said. Earlier, Bonnici reiterated that the reform in the appointment of the judiciary would take place before the end of the legislature. Addressing Parliament yesterday evening, Busuttil re- iterated that Bonnici should shoulder responsibility and resign over the nominations, and insisted that Caroline Farrugia Frendo – daughter of Speaker of the House An- glu Farrugia – should not be made magistrate. Opposition leader says Speaker's daughter should not be appointed magistrate but justice minister insists appointment will be carried out 'in full respect of the Constitution' PAGE 7